The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1887-06-15
The Ethics of Democracy.


interesting review of the results ac-
complished under our form of govern
ment in the way of legislation on such
subjects as marriage, divorce, social
ism and intemperance. Although a
good many of the facts he presents are
familiar to most intelligent and we'll
informed readers, yet his generaliza-
tons are somewhat startling, and so
are several of his conclusions.
Mr.. Stimson finds that twenty-five
states and territories have declared
that marriage is a civil contract, the
essence of which is the consent of both
parties; that the marriage relation
makes no difference whatever in the
status of two married persons, except
to effect the descent of their property
after death and to make it a penal
offence for the husband to refuse TO
support his wife; and that in many
states husband is no longer liable for
his wife's trespasses, and in nearly all
she is not bound to pay his debts.
Only in California, Dakota, Georgia
and New Mexico is it declared that
L" the husband is the head of the fam
lily and the wife is subject to him." and
only in Louisiana and New Mexico does
she owe obedience to him." The path
to marriage has been generally made
easier in all the states-the number of
prohibitive degrees having been re-
duced, banns done away with, and in
formal and deceptive unions generally
recognized. AT one time the causes
of divorce had been made so many
being more than forty-that there was
danger that marriage would ultimately
be made dissoluble by mutual consent;
but this was followed by tendency to
strengthen the conjugal bond, and the
number of general causes for divorce
now recognized throughout the Union
is only nineteen. Probably much of this
change has been wrought through the eff
forts of the National Divorce Reform
League, though Mr.. Stimson does not
allude to the causes. But his conclu-
sion is that the tendency of democracy
is to deny the right of the husband to
authority and possession, and "to make
marriage a contract easily made and
easily ended, while strictly Furnishing
offences against the marital relation
while it lasts"
In regard to the liquor question, Mr..
Stimson evidently has little sympathy
with sumptuary legislation, for he says
the question Of the legal regulation of
the use of Intoxicating drink is only
part of the much broader question
how far it is wise and possible to i'm
pose rules of conduct on mankind by
law" and that logically there is no
more reason why "we should tell a
citizen that he must not drink than
that he should not smoke, or live in
two houses, or own yacht, or give his
wife necklace or fine clothes. In
toxication leads to crime, we are told;
but so do ostentation and eXtrava-
gance." Mr.. Stimson's conclusion
from the " few efforts made to check
by law such offences as unchastity and
dishonesty" in comparison with the
universal and repeated efforts to
check or regulate the sale of intoxi-
eating liquor" is that democracy has
deemed the intoxication habit a more
dangerous and more sinful vice than
incontinence or commercial dishon-
esty" 1t seems to us that Mr.. Slim
sons position is not in entire accord
with facts and well-established prn-
ciples, and that his view does not fully
comprehend both sides of the question.
The public certainly has the right to
protect itself from great social evils and
nuisances by legislation, though this
may impose some necessary restric-
tons upon personal liberty.
The tendency of democracy toward
the "tyranny of socialism" is next
considered. Among the laws most
advanced in this direction Mr.. Slim
son includes the eight and ten
hour laws, and prohibition laws which
restrict individual action, but which
are not strictly applicable to conduct
that is commonly regarded as criminal.
" Although no law has yet been passed
saying how much the employer shall
pay, two or three states have ventured
to say that he shall pay it once a week. "
He thinks that legislation as to debts
indicates tendency I" to require the
payment of debts only when it can be
made out of superfluous accumulated
capital" in short, "not to force man
to pay his debts against his will" His
conclusion from all this is that "de-
mocracy, when crowned with power,
seeks rather what it considers the we'll
being of the community than the lib
erty of the individually" that :" state
socialism-the allowable scope of state
interference with the acts and posses
sions of the citizens-has been greatly
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